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1999

Nelson, Erin, Caulfield, Timothy

[I]t is time the Supreme Court of Canada reconsidered the question of causation in those medical malpractice cases where the negligence alleged consists of a failure to make all reasonable disclosure necessary to an informed decision by the patient on a course of treatment ... the rule in Reibl...

1999-01-01

Cohen, Ronnie, O'Byrne, Shannon, Maxwell, Patricia

Introduction: One of the last frontiers in American civil rights protection concerns the extent to which lawmakers-both legislative and judicial-show a willingness to prohibit workplace discrimination based on sexual orientation. Regrettably, the record of the United States has been less than...

1999

Buckwold, Tamara M.

Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured...

1998

O'Byrne, Shannon

In Wallace v. United Grain Growers Ltd. l the Supreme Court of Canada was asked to remedy the alleged bad faith by an employer, both for the fact of dismissing the plaintiffand for its manner ofeffecting thedismissal . This marks the first time that Canada's highest court has had to decide...

1998

O'Byrne, Shannon K.

Introduction: This article is concerned with the extent to which one party has a common law duty to disclose information to another, either antecedent to or during the life of a commercial contract.' Though the general rule for contractual negotiations is that there is no duty of disclosure, such...

1997

Buckwold, Tamara M.

Presents information on the conceptual and practical implications of the Personal Securities Act in Canada in relation to the treatment which receivers get. Details on the Act; Stipulations of the Act; What are the requirements of receiver's liability at common law.

1997

Acorn, Annalise

Introduction: Pornography is no longer \"sexy\" in the academy. Neither feminist nor other scholars show much interest in continuing to theorize the law's role in regulating the sexually explicit. Most of the familiar stakeholders in the debate - free speech liberals, radical feminists, lesbian...

1997-01-01

Bell, Catherine

In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...

1996

Percy, David

Water law has been of great importance in Alberta's legal and economic community over the last seventy-five years. By the time the University of Alberta's Faculty of Law first opened its doors in 1921, the reformed law of water allocation had already reached maturity and was showing its first...

1996

McInnes, Mitchell

Introduction: Beginning with its momentous decision in Pavey & Matthews Pty Ltd v Paul,' the High Court has accepted that the concept of unjust enrichment underlies the law of restitution. That concept commonly is said to be comprised of four elements: (i) an enrichment to the defendant, (ii)...